2. The costs of lawsuit shall be borne by the Plaintiff.

On October 9, 201, Defendant B, D, and E entered into a partnership agreement (hereinafter “instant partnership agreement”) with the content that they will operate a cafeteria (hereinafter “F”) mutually named “F” (hereinafter “instant cafeteria”).

B. On November 3, 201, the Plaintiff, the husband of D, due to the shortage of partners at the time, borrowed KRW 50 million from the Japanese bank, and appropriated it to the partner. According to the instant business agreement, following the commencement of the business of the instant restaurant, the Plaintiff agreed to receive a loan from a micro enterprise and repay the said loan (hereinafter “Plaintiff’s loan”).

B. However, on June 17, 2012, the instant restaurant continued to suffer financial difficulties after opening the business, and upon request of E to withdraw from the business, the Defendant B and D withdraw from the business partnership, and on June 17, 2012, the Defendant B and D maintain the business partnership in substance, but upon agreement to convert the existing micro enterprise financing to the employee status and change the Defendant B to the sole representative of the instant restaurant, only formally after the agreement was reached.

C. After September 21, 2012, Defendant B received a guarantee from the Jeonnam Credit Guarantee Foundation under the joint and several sureties of Defendant C, the husband of the Plaintiff and Defendant C, who is not aware of, and used the loans for the purpose of paying the Defendants’ existing loans.

Defendant B, as seen above, committed embezzlement or breach of trust by using loans received from micro enterprises in its name and without using the loans received from the Nonghyup Bank for the Plaintiff’s personal purpose after changing the business relationship with respect to the instant restaurant, and then embezzlement or breach of trust by using them for the Plaintiff’s personal purpose, and due to the above tort committed by Defendant B.